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The Municipality of Oakland-Wawanesa
Policy & Procedure Manual
Reference: Property
Classification: Policy
Subject: Land Disposition Policy
Pages: 4
Authority: Resolution of Council
Effective Date: April 20, 2021
Approved: April 20, 2021
Purpose:
The purpose of this policy is to establish policies and procedures to be followed
in the disposition of Municipally owned Real Property.
Definitions:
"administration" means the Chief Administrative Officer of the Municipality or
designate.
"as is" means without regard for state of repair, location of any and all structures,
walls, retaining walls or fences (freestanding or otherwise) or encroachment by
buildings or fences or otherwise, on the land or adjoining properties or streets,
and without warranty or representation as to use, environmental contamination,
hazards or risks.
"civic lands" means lands used by the Municipality for such things as office
facilities; operational facilities and grounds; recreational facilities, grounds and
parks; drainage ditches, ponds, dikes, infrastructure and fibre corridors; and
reserve lands.
"developable lands" means land that is capable of sustaining development and
complies with existing development parameters.
"Municipality" means the Municipality of Oakland-Wawanesa and administration
acting on its behalf.
"non-developable lands" means land which would, in the opinion of the
Administration, be of limited interest to potential purchasers due to size, shape,
location, topography, environmental condition, land use restrictions, or any other
factor, however may be of interest to adjoining property owners.
"public reserve lands" means land used only for a public park, public recreation
area, natural area, planted buffer strip separating incompatible land uses or
public works.
"reserved lands" means land which the Municipality intends to develop or use for
its future civic purposes and is not available for sale.
Policy
# PR001
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"surplus" means land which the Municipality does not have a future need for its
use and would be of interest to potential purchasers in the open market due to
size, shape, location, topography, environmental condition, permitted land uses
or any other factor.
Inventory of Land
The Administration shall maintain an inventory of all municipally owned lands
which includes an indication of its development status. The development status
shall be indicated in two categories: Civic Lands (fully developed, partially
developed and reserved); and Surplus Lands (developable lands, and non-
developable lands).
The Administration shall present to Council, at an in-camera meeting, an
inventory of lands and development status every two years for approval. Prior to
submission, the Administration will evaluate the lands with the following criteria:
-
size of the lands
-
existing structure
-
the value and marketability of the lands
-
availability of infrastructure such as water, sewer, hydro etc.
-
development challenges such as zoning, lot shape, drainage, elevation,
easements, encumbrances, potential of flooding etc.
-
regulation restrictions such as Manitoba Highways, heritage status,
environmental regulations
Council may direct the Administration to have a formal appraisal conducted on
any lands prior to offering the lands for sale.
Procedures for the Disposal of Surplus Lands
General Provisions
All Surplus Lands shall be disposed of with the best interest of the Municipality in
mind.
All sales of Surplus Lands shall be on an "as is/where is" basis and all
development related costs are the responsibility of the purchaser.
All sales are subject to the addition of the Goods & Service Tax. The Land
Transfer Tax, if applicable, is additional to all costs noted in this policy, which will
be charged by the Property Registry upon registration of the Transfer of Land
and is the full responsibility of the purchaser.
The minimum frontage for lot development shall be 50' unless otherwise
determined by Council.
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Developable Lands
Every two years, the Administration will proceed with a call for proposal for the
sale and development of all Developable Lands.
The proposal shall include conceptual plans or sufficient details illustrating the
proposed development, use and/or improvements to the property for review by
the Administration.
The Administration shall summarize the proposals received and provide a
recommendation to Council for decision.
Unless purchased for additional yard space, all purchasers of Developable Lands
shall be subject, under an Offer to Purchase Agreement to be registered on the
lands, to a two-year deadline from the date of possession to apply for a
development permit and where necessary, a building permit, and proceed
promptly with construction in accordance with applicable by-laws, unless an
extension from Council to extend the time period is granted prior to the expiration
of the two-year period.
The purchaser shall provide the Municipality with a registerable transfer of land,
which would allow the land to revert back to the Municipality, should the
purchaser fail to apply for and be in receipt of the required development permit
and where necessary, a building permit, at the expiration of the two-year period,
unless an extension from Council to extend the time period is granted prior to the
expiration of the two-year period.
Should no proposal be received, a list of available lands will be posted on the
Municipality's website and offers will be received on a first-come first-serve basis.
Non-Developable Lands
The disposal of Non-Developable Lands shall be only to adjoining property
owners. The Administration shall notify, in writing, the adjacent owners(s) of the
lands available for sale.
Should only one adjoining property owner be interested in purchasing the lands,
the Administration shall finalize the sale.
Should two adjoining property owners be interested in the lands, a general rule
shall be to subdivide the lands equally, with all costs associated with the
subdivision the full responsibility of the adjoining property owners.
Should two adjoining property owners be interested in the lands as a whole, they
shall each submit a proposal to the Administration for review. Administration will
evaluate the proposals and intended use of the lands, including compliance with
existing development parameters and prepare a report summarizing the
proposals received for Council decision.
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Public Reserve Lands
The Municipality will not normally dispose of public reserve lands. In those rare
instances where it is in the best interest of the Municipality to dispose of reserve
lands, the disposal shall be in accordance with The Planning Act.
Public Rights-of Way, Streets, Lanes and Walkways
In the instance where it is in the best interest of the Municipality to dispose of a
public right-of-way, street, lane or walkway, the disposal shall be in accordance
with The Municipal Act.
If Council is in agreement with the disposal, all costs associated with the required
closure for said disposal shall be paid upfront by the Municipality and reclaimed
through the sale.
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OFFER TO PURCHASE AGREEMENT
I/we ___________________________________________________________
(Full and complete legal name(s) as they will appear on Land Transfer)
(Hereinafter called "the Purchaser")
Of ____________________________________________________________
(Address)
Do offer and make application to the Municipality of Oakland-Wawanesa,
(hereinafter called "the Municipality", to purchase the following land:
Lots__________ Block ______________ Plan ____________BLTO (if applicable)
AND/OR
Section ________ Township _______ Range _________ WPM
(hereinafter called "the land")
for the sum of _____________ (not including certain additional deposits as
specified later in the body of this agreement)
for the purpose of __________________________________________________
1. The Purchaser agrees that the acceptance by the Municipality of the
payment of the purchase price or part thereof shall not of itself constitute
acceptance of this offer. Said offer is subject to acceptance and
ratification by Council resolution approving sale of the land. If the offer is
not accepted by the Municipality the Purchaser shall be refunded the
moneys paid to the Municipality less any amounts to which the
Municipality may be entitled pursuant to any provisions contained in this
agreement.
2. The Purchaser agrees that when the Purchaser is advised by letter from
the Municipality that this offer has been accepted, the Purchaser will pay
the above mentioned sum within sixty (60) days from the date on said
letter prior to a land transfer being issued by the Municipality.
3. The purchaser agrees that the date of purchase shall be deemed to be the
date of passing of a resolution by Council approving the land transfer.
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In the event that the Purchaser is allowed by the Municipality to occupy or
to enter into and upon the land for any reason prior to title to the land
being transferred to the Purchaser, the Purchaser will and does hereby
indemnify and save harmless the Municipality from and against all
liabilities, damages, costs, claims, suits or actions as a result of injury or
death or property damage occurring at any time to the Purchaser or to any
member of the Purchaser's family or to any invitee, licensee, agent or
employee of the purchaser while in or about the land.
4. The Purchaser agrees to construct a dwelling on the land within two years
of the date of purchase of said land in accordance with Schedule "A"
attached hereto and forming part of this Agreement, unless an extension
from Council to extend the time period is granted prior to the expiration of
the two-year period. Said dwelling shall conform to the provisions of the
Municipality's Zoning By-law and all amendments thereto. The Purchaser
further agrees to make application for a Development Permit and if
necessary, a Building Permit prior to commencement of any construction
upon the land.
5. Subject to Clause 11, the Purchaser agrees that if the dwelling mentioned
in Section 4 is not substantially completed as defined in The Builders
Liens Act, in the opinion of the Municipality, within two years from the date
of purchase of the land, this offer and the acceptance and agreement
constituted thereby may be cancelled by the Municipality and the
Purchaser agrees to provide forthwith on demand by the Municipality, a
registerable transfer of land vesting title to the land in the name of the
Municipality. Immediately upon receipt of said transfer of land the
Municipality agrees to refund to the Purchaser the purchase price of the
land less applicable property taxes on the land and less five hundred
dollars ($500.00) non-refundable deposit or five (5) percent of the
purchase price of the land whichever is greater.
6. The Purchaser agrees that the Purchaser shall, at the Purchaser's
expense, obtain all necessary legal surveys including pinning of lots to
ensure the proper location of the land prior to commencement of
construction. The Purchaser also agrees to provide the Municipality with a
certified copy of a surveyor's certificate showing the location of all
buildings located on the land, upon completion of construction.
7. The Purchaser agrees to install sewer services to the dwelling located
upon the land in accordance with Manitoba Conservation regulations and
provide the Municipality with a copy of the approved application issued by
the Manitoba Conservation.
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8. The Purchaser hereby directs and authorizes the Municipality to forward
all documents to vest title to the land in the name of the Purchaser to:
________________________________________________________
(Name of Solicitor and Firm)
(Complete address of Firm including postal code)
9. Subject to Section 11, the Purchaser agrees that the land shall not be sold
by the Purchaser prior to completion of construction of the dwelling
mentioned in Section 4. The Purchaser further agrees that if any attempt
is made to sell, or offer for sale, the land, prior to completion of
construction of said dwelling to the Municipality's satisfaction the
Municipality shall have the right to cancel this agreement and to demand
from the Purchaser a transfer of land vesting title to the land in the name
of the Municipality and the Purchaser shall forthwith comply with said
demand by the Municipality.
10. The Purchaser herewith deposits with the Municipality the sum of $500.00.
Said deposit shall be retained by the Municipality if for any reason this
application and offer to purchase land is cancelled.
11. It is agreed that in the event of failure of the Purchaser to sell his existing
principle residence and upon the Purchaser providing proof to the
Municipality that all reasonable efforts were made to do so, or in the event
of other extenuating circumstance beyond the Purchaser's control which,
in the sole opinion of the Municipality, is likely to have prevented
construction pursuant to the time period contained herein, the Municipality
may, at the sole discretion of the Municipality, review a request for an
extension of time limits for construction.
PURCHASER _________________________
PURCHASER _________________________
DATE: _______________________________
_______________________________________________________
(APPLICATION/OFFER RECEIVED BY) (Print name and initial)
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OFFER TO PURCHASE AGREEMENT
SCHEDULE "A"
CONSTRUCTION AND USAGE GUIDELINES
SEWER SYSTEM
Property owners are responsible for contacting and registering their system with
Manitoba Conservation.
UTILITIES
Property owners must make their own arrangements with utility companies for
hook-up. Property owner is responsible for the cost of moving the hydro pole(s)
if necessary.
BUILDING CODES
All dwellings and structures built must comply with:
i)
The Manitoba Building Code.
ii)
Municipal by-laws except as altered by this Agreement of Purchase
and Sale
BUILDING SPECIFICATIONS
Building specifications will be reviewed with the Purchaser in accordance with
municipal by-laws. The Building Inspector may have additional specifics to
review with the Purchaser.
All dwellings being relocated onto the property must, in addition to satisfying
building code requirements, be pre-approved by the Municipality. The
Municipality may deny permission to relocate based upon age, general
appearance or condition of such a dwelling.
ACCESSORY BUILDINGS
Accessory buildings for purposes incidental to residential occupations (eg.
garages, storage sheds and workshops) shall be permitted provided that:
i)
they comply with the Manitoba Building Code;
ii)
they comply with Municipal By-laws;
iii)
a building permit is obtained prior to construction;
iv)
the square footage of same does not exceed the ground floor square
footage of the residence;
v)
front and side yard set backs are at least equal to those for the
residence.
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PROPERTY MAINTENANCE
The property owner shall be responsible to maintain their property and the
exterior of all buildings in a tidy and reasonable manner. This shall include, but
not be limited to: grass cutting, tree trimming, weed control, general cleanliness,
and maintenance of exterior paints and finishes. The Municipality shall, after
reasonable notice to the property owner, have the right to enter onto the property
and to cause neglected maintenance work to be undertaken. The costs of same
to the Municipality shall be charged to the property owner and if not paid may be
added to the property tax rolls for that property.
MISCELLANEOUS
All Municipal by-laws will apply to this property.
Sundry Information
For further information, please contact:
Chief Administrative Officer
Municipality of Oakland-Wawanesa
Telephone (204) 824-2666
Email: [email protected]
Municipal Office Hours:
8:30 a.m. to 4:30 p.m. Monday to Friday
Building Permits
Office of the Fire Commissioner (204) 761-9763
Brandon Land Titles Office:
To register Transfer of Title, Purchasers may retain their own legal counsel, or
have the Municipal Solicitor register the transfer on their behalf. The cost,
payable prior to the transfer, is to be determined at the time of transfer. Kindly
provide the municipal office with the name and address of your legal counsel, or
if you wish the Municipal Solicitor to register the documents on your behalf.
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Municipality of Oakland-Wawanesa
For Administration Purposes Only
Applicant: ___________________________________
Address: ____________________________________
Telephone: __________________________________
DESCRIPTION OF PROPERTY:
Lot ___________ Block ___________ Plan ____________
Section ________ Township _______ Range ___________
Civic Address: ________________________________________________
Other Details:
________________________________________________________________
ZONING:
Area in Square Feet: _____________________
Price per Square Foot: ____________________
Total Price of Land: ______________________
Non-Refundable Deposit: _________________
Total Price of Land Less
Non-Refundable Deposit: _________________
Landscape Deposit: ______________________